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Home My WebLink AboutFINAL ORDINANCE NO. 08-010CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-010 AN ORDINANCE AMENDING REGULATIONS GOVERNING NON- AGRICULTURAL LOW IMPACT USES Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to read as follows: NON-AGRICULTURAL LOW IMPACT. The outdoor storage of off -road mobile construction equipment of any weight, roadways; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmer's markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses. rERMINAL BUS/TRUCK An area and building where buses, trucks, and cargo are stored where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 subd (F) is hereby amended to read as follows: (F) Non-agricultural low impact use standards. (1) (a) The city desires to maintain and preserve open space and agricultural land within the city. The city recognizes the monetary regards that may be enjoyed by a farmer or larger property owner who sells his or her land for development. The city further recognizes that allowing non- agricultural low impact uses, strictly controlled and regulated by conditional use permit, might allow a farmer or large property owner an economical use of his or her property that is zoned for agriculture. The following standards shall apply to these types of uses. (b) It is also the intent of the city to preserve the appearance of rural character within the community by establishing standards for the setback and screening from adjacent property and public roadways by natural features of any open storage as may be associated with the non-agricultural use. (2) (a) All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned Agricultural and remain so zoned while the conditional use permit is in effect. (b) The area where the non-agricultural low impact use is located shall be legally defined as approved by the city and is hereafter known as the "Non-Ag Area." The Non-AgArea shall not exceed 4% of the property owner's contiguous agricultural zone gross lot area. The building footprints and asphalt and concrete surfaces within the Non-Ag Area shall not exceed 1.5% of the property owner's contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel driveways, and other improvements that would otherwise be permitted in the Agricultural zone may be located outside of the Non-Ag Area. (c) Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or larger. (d) Non-agricultural low impact uses shall not generate more than 3 trips per day per acre of contiguous agriculturally zoned area, with the exception of land, with sole access to Hudson Boulevard that shall not generate more than 6 trips per day per acre. (e) Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway or adjacent landowner's boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the conditional use permit which shall clearly demonstrate by view cross -sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the conditional use permit. (f) Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. (g) The property owner shall maintain the remaining land or farm outside of the CUP Area in accordance with the permitted uses of the Agricultural zoning district and the required practices of the Soil and Water Conservation District. (h) All lighting shall comply with the city's regulations. (i) All signs shall comply with the city's regulations. 0) Rate and volume of runoff from the CUP shall not exceed the 1 % rule and shall be verified by the City Engineer. (k) In the event that the property owner, or future property owner, initiates a Comprehensive Plan amendment and rezoning of any or all of the 2 contiguous real estate from Agriculture to a more intensive use, the conditional use permit shall terminate and all non -conforming structures shall be removed from the site within 1 year from the date of the City Council's adoption of the Comprehensive Plan amendment and rezoning, unless the city agrees otherwise. This section shall not apply if the city initiates rezoning or if property owner is forced to transfer title to any part of the contiguous real estate due to eminent domain. (1) Non-agricultural low impact uses may not include a Bus/Truck Terminal or the parlting or storage of semi -trailer trucks or any vehicle over 26,000 pounds capable by design of being licensed for use on public roadways except as otherwise permitted as an Interim Use in the HD -A -BP zoning district. (1) All conditional use permits granted to a non-agricultural low impact use shall be reviewed on an annual basis, and may be rescinded, after a 2- week notice and a public hearing, if the Council finds that the public health, safety, or welfare is jeopardized. (m) The standards for buildings or structures, as listed in the minimum district requirements of the Agricultural Zone, shall not apply to structures built prior to the effective date of this chapter. - Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.034 Agricultural Business Park Holding District (HD -A -BP) is hereby amended to read as follows: (A) Purpose. The Agricultural Business Park Holding District (HD -A -BP) is intended to regulate land use within agricultural areas planned and staged for business park development with access to regional sewer service. Areas zoned HD -A -BP will be rezoned upon the availability of sewer service and when consistent with the "Development Staging Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan guidance of the property for Business Park use. (B) General regulation. All regulations governing the Agricultural (A) zoning district shall also apply to properties zoned Agricultural Business Park Holding District (HD -A -BP) except as outlined in this section. (C) Permitted uses. The permitted uses in the HD -A -BP zoning district shall be the same as in the Agricultural (A) zoning district except that non -farm dwellings shall be prohibited. (D) Uses permitted by conditional use permit. The uses permitted by conditional use permit in the HD -A -BP zoning district shall be the same as in the Agricultural (A) zoning district except that Open Space Development Projects shall be prohibited. (E) Use permitted by interim use permit. The following uses may apply for an interim use permit in the HD -A -BP zoning district: D_Non-agricultural low impact uses under the same regulations as in the Agricultural (A) district with the exception that the Non-Ag Area shall not exceed 5% of the property owner's contiguous agricultural zone gross lot area. 2) A non-agricultural low impact use as pennitted under this Section may include a Bus/Truck Terminal provided the use is located on a parcel within 1,000 feet of Interstate Hi ,hway 94 (F) Accessory uses and structures. Regulations governing accessory uses and structures in the HD- A -BP zoning district shall be the same as in the Agricultural (A) zoning district. (G) Minimum district requirements. The minimum district requirements in the Agricultural Business Park Holding District (HD -A -BP) shall be the same as in the Agricultural (A) zoning district. (H) Cluster development. Cluster development in the HD -A -BP zoning district is prohibited. (I) Non-agricultural low impact use standards. Regulations governing non- agricultural low impact use standards in the HD -A -BP zoning district shall be the same as the Agricultural (A) zoning district. Section 3. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. -t� This Ordinance No. N =01b was adopted on thi day N� h 20 0P� , by a vote of S Ayes and Nays. <srgnatur� Mayor Dean Johnston ATTEST: <signature>� Susan Hoyt Administrator 11